A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: That party did not execute the agreement voluntarily; or The agreement was unconscionable when it was executed and, before execution of the agreement, that party: Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party. If a provision of a premarital agreement modifies or eliminates spousal or domestic partner support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation, marital dissolution, or termination of a domestic partnership pursuant to § 32-702(d) , a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility. An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
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